IN THE CASE OF: BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007417 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 May 2018 DOCKET NUMBER: AR20160007417 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Afghanistan. 2. The applicant states his DD Form 214 does not show that he went to Bagram, Afghanistan, during Operation Enduring Freedom. He is not sure why this deployment is not listed. 3. The applicant provides his DD Form 214. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army for a 3-year term on 8 August 2001 and he held military occupational specialty 13D (Field Artillery Tactical Data Systems Operator). 3. He was assigned to E Company, 77th Field Artillery, 10th Mountain Division, Fort Drum, NY. He served in Afghanistan from 1 September 2003 to 20 April 2004, a period of 7 months and 20 days. 4. He was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 14 August 2004. His DD Form 214 shows he completed 3 years and 7 days of continuous active service. It also shows in: * Item 12f (Foreign Service) – "0000-00-00" * Item 18 (Remarks) – "Service in Afghanistan: 20030901 - 20040420" 5. An email, dated 26 September 2017, from the Defense Finance and Accounting Service (DFAS) confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) and combat zone tax exclusion from 1 September 2003 to 31 May 2004. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated for block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214 DISCUSSION: The applicant served in Afghanistan from 1 September 2003 to 20 April 2004, a period of 7 months and 20 days. While item 18 of his DD Form 214 listed this deployment, item 12f of the same form omitted the foreign service. BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by replacing the entry in item 12f of his DD Form 214 "0000-07-20." I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160007417 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160007417 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2